ANALYSIS OF AUSTRALIAN LEGISLATION DEALING WITH CONTAMINATED LAND

摘要

A comprehensive analysis has been undertaken of the laws concerning contaminated land made by the different Australian States. The aim of the analysis was to determine the effectiveness of the various laws and their provisions, so that a conclusion could be made about the most effective provision dealing with any particular aspect of contaminated land law. Contaminated land has specific issues unique to it and not encountered by other environmental matters. These issues include the general locational stability of contamination, and the difference in time between its causation and the acceptance that the contamination is a problem. These require management solutions not usually found in other legislation dealing with environmental matters. The appropriateness of enacting contaminated land legislation is reflected in various international policy documents. A jurisdiction contemplating such legislation is greatly assisted by the Rio Declaration and Agenda 21 to actually do so. The Rio Declaration includes a number of principles relevant to contaminated land. Chapter 20 of Agenda 21 refers to the rehabilitation of contaminated sites. It considers that the prevention of the generation of hazardous wastes and the rehabilitation of contaminated sites are key elements for the effective control of hazardous wastes. It considers that controlling hazardous wastes is of paramount importance to ensure 'proper health, environmental protection and natural resource management, and sustainable development'. It recognises that both require knowledge, experienced people, facilities, financial resources and technical and scientific capacities.